Galveston Oil Co. v. Malin
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Suit by John Malin against the Galveston Oil Company to recover damages, alleged to have resulted to him by reason of injuries received in the performance of his duties as its employee in putting a leather belt on a pulley used in operating a part of the machinery of its mill.
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Suit by John Malin against the Galveston Oil Company to recover damages, alleged to have resulted to him by reason of injuries received in the performance of his duties as its employee in putting a leather belt on a pulley used in operating a part of the machinery of its mill. The injuries were received about February 26, 1883, and were charged to have been due to defective machinery and the negligence of the company. Defendant answered by general demurrer, general denial, and special pleas, charging Malin with recklessness,…
1Opinion of the Court
West, Associate Justice.
The merits of this case have been very carefully and fully presented to us both in oral argument and printed brief.
The first assignment of error to which our attention has been called relates to certain supposed defects in the main charge of the court, in its instructions to the jury, as to the manner in which they should proceed in estimating the damages (if any) sustained by the appellant. The paragraph to which objection is specially made is as follows: “In case you believe, from the evidence, under the charge of the court, that the plaintiff is entitled to recover…
2Cited by7 opinions
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- St. Louis Southwestern Ry. Co. v. SealeTexas Commission of Appeals · 1924
- Southern Gas & Gasoline Engine Co. v. Adams & PetersTexas Commission of Appeals · 1921
- City Com'rs of Port Arthur v. FantCourt of Appeals of Texas · 1916
- Andrews v. YorkCourt of Appeals of Texas · 1917
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